Duty to promote business resilience

Mandatory requirements

Local Authorities, as defined at Schedule 1 Part 2 (13), must:

1. Provide advice and assistance to the public in connection with the making of arrangements for the continuance of commercial activities by the public, in the event of an emergency – Section 4 (1).

2. Provide advice and assistance for the continuance of the activities of bodies (other than public or local authorities) whose activities are not carried out for profit, in the event of an emergency – Section 4 (1).

3. Advise and assist the business community at large, insofar as these are businesses which carry out commercial activity in the area in which the functions of the relevant responder are exercisable – Regulation 33 (2) and 33 (3)(a).

4. Consider whether to provide advice to individual business as well as to the business community as a whole – Regulation 33(3)(b).

5. Advise and assist appropriate voluntary sector organisations, which operate in the area in which the responder functions, on making arrangements for the continuance of their activities in the event of an emergency – Regulation 34.

6. Consider whether to provide advice to the voluntary community at large or provide advice to individual organisations separately – Regulation 34(3).

7. Consider whether to provide advice and assistance to voluntary organisations or to businesses in connection with identifying an appropriate “business continuity consultant” – Regulation 33(3) (c) and Regulation 34 (3) (c).

8. Consider whether it is necessary to charge for any business continuity advice that you provide on request under section 4(1) of the CCA. The charge must not exceed the direct costs of providing the advice or assistance and a reasonable share of any costs indirectly related to the provision of the advice or assistance – Regulation 38.

9. Cooperate with other Local Authorities in your resilience area (i.e. RRP area) in carrying out the duty.  Other responders in the area must cooperate with local authorities in carrying out the duty – Regulation 35.

10. Consider whether the advice or assistance given by other responders to businesses or the voluntary sector in the area would be duplicated by the local authority carrying out this duty – Regulation 37.

Issues to consider and recommended good practice

11. Considering who within your organisation is responsible for BC promotion. A collaborative effort between staff involved in emergency planning and staff involved in economic development or voluntary sector support functions may be required.

12. Ensuring that your own business continuity advice (both to businesses and voluntary organisations) dovetails with that being undertaken by other local responders.

13. Providing advice and assistance which will allow organisations (business and voluntary) to make judgements on:

the risks associated with emergencies

their ability to positively affect their position in the event of an emergency

Information likely to help the organisation make these judgements includes information on:

• the kind of disruptions which might occur as a result of the occurrence of emergencies
• the likely implications of arrangements in place to deal with these emergencies (including risk assessment, planning, recovery) for their organisation
• the steps they can take to prepare for or mitigate the effects of an emergency (e.g. implement BCM)
• sources of warnings, information and advice in the event of an emergency

14. Considering whether generic or specific BC advice is most appropriate.

15. When a targeted approach is adopted, considering whether the materials used are appropriate to the needs of the businesses targeted. For small and medium scale businesses (SMEs) research has shown that terminology is often confusing and they benefit most from common sense, tailored and practical solutions preferably face to face and a joined up approach where the same or similar advice is coming from different sources. A number of practical suggestions can be found at: Ready Scotland - Ready Business.

16. In co-operating with other local authorities ensuring that:

• the message given out is consistent
• the means of delivery are co-ordinated where appropriate
• external partners are not unduly burdened
• lessons are identified and learned and best practice is shared

17. Avoiding definitive recommendations when referring organisations to a third party for advice or assistance. Instead Local Authorities should (a) direct firms/bodies to organisations who could provide assistance and (b) suggest criteria for selecting a service provider. This might include professional qualifications, membership of professional organisations, and experience in relevant aspects of BCM, track record and adequate professional indemnity insurance. The Business Continuity Institute (BCI) provides a certification scheme for business continuity professionals. It publishes a list of consultants it deems to be qualified and competent. The Continuity Forum provides a similar service.

18. Considering the merit of adopting formal cooperation, including via the RRP, to ensure coordinated BCM advice and assistance activity and the buy-in of all Local Authorities in your area. Cooperation may take the form of:

• regular discussion at working-level liaison groups
• establishing a RRP subgroup
• discussions at RRP meetings

19. Considering the merits of engaging with other partners as well as Local Authorities in the process of providing BC advice and assistance. Some or all of this might be done via the RRP. Other partners could include:

• representative groups
• individual businesses
• Business Continuity Institute
• commercial BCM providers
• agenda groups
• professional bodies
• public sector partners

For example, the Federation of Small Businesses host annual workshops and other events as well as having case study banks available. Other resources and advice are available from the The Business Continuity Institute (BCI) and The Continuity Forum.

20. Considering which voluntary sector organisations are appropriate recipients of advice and assistance. To decide this you must consider:

• whether the organisation carries out functions in the area in which you operate as a responder
• whether their activities would contribute to the prevention of an emergency; the reduction, control or mitigation of its effects; otherwise taking action in relation to the emergency; or social welfare
• the number of staff employed by the organisation
• the turnover of the organisation
• the nature of the organisation – in particular whether advice and assistance is likely to improve the organisations ability to continue its activities in the event of an emergency

21. Considering the impact of charging on the take-up of your advice and assistance.

Indicators of good practice

22. Having a clear policy for dealing with requests for detailed BC advice.

23. Making best use of staff with existing experience and responsibilities in liaising with local businesses and voluntary organisations.

24. Having a BC network or forums and regular meetings and engagement with key stakeholders.

25. Identifying any lessons by consulting a full range of stakeholders and taking these forward, reviewing and updating BC promotion arrangements if appropriate.

26. Making best use of relevant promotional materials, such as those provided at national Scottish or UK level, for example Ready Scotland - Ready Business and Preparing Scotland: Guidance on Business Continuity Management.

27. Being able to demonstrate that you consulted businesses and voluntary organisations to assess BC understanding and uptake and thus the level of advice required.

28. Being able to demonstrate that you have assessed the profile and role of commercial and voluntary organisations in your area of responsibility and have targeted BC promotion work appropriately.

29. Being able to demonstrate that you have targeted your BC promotion to the specific needs of the organisations being advised.